ADVERTISEMENT
Fed Circ. Agrees Feds Can't 'Leapfrog' Insurer Liquidation
Law360 (May 18, 2021, 10:17 PM EDT) -- The Federal Circuit on Monday affirmed a lower court's ruling that the U.S. Department of Health and Human Services can't abolish its $24.5 million debt owed to a defunct Colorado insurance co-op under the Affordable Care Act simply because the co-op owes HHS $42 million under another ACA provision.
The government cannot use offsets to "leapfrog other insolvency creditors" in the liquidation of Colorado Health Insurance Cooperative, U.S. Circuit Judge Kimberly Ann Moore wrote in an opinion joined by Circuit Judges Raymond Chen and William Bryson.